Ex Parte Clevenger et al - Page 3



            Appeal No. 2005-0346                                                                         
            Application. 09/897,891                                                                      

                                              References                                                 
            The references relied on by the Examiner are as follows:                                     
                  Lach et al. (Lach)             6,108,212                Aug.  22, 2000                 
                  Huang et al. (Huang)           6,291,305                Sept. 18, 2001                 
                                                             (Filed June 11, 1999)                       

                                        Rejections At Issue                                              
                  Claims 1-3, 5-8, 10, 21-23, 25-28, and 30-34 stand rejected                            
            under 35 U.S.C. § 102 as being anticipated by Lach.1                                         
                  Claims 4, 9, 24, and 29 stand rejected under 35 U.S.C. § 103                           
            as being obvious over the combination of Lach and Huang.                                     
                  Throughout our opinion, we make references to the                                      
            Appellants’ briefs, and to the Examiner’s Answer for the                                     
            respective details thereof.2                                                                 








            1  We note that both the Examiner and Appellants fail to list                                
            claims 31-34 under the 35 U.S.C. § 102 grounds of rejection.                                 
            However, page 4 of the Examiner’s Final rejection mailed on June                             
            18, 2003, contains a discussion of the art rejection of these                                
            claims.  Therefore we have included claims 31-34 as part of our                              
            decision on the § 102 rejection.                                                             
            2  Appellants filed an appeal brief on November 19, 2003.  The                               
            Examiner mailed an Examiner’s Answer on June 4, 2004.                                        
                                                   33                                                    


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